Los Angeles County Department of Children & Family Services v. L.R.

Opinion

EPSTEIN, P. J. L.R. and J.R. appeal from jurisdictional and dispositional orders of the juvenile court. L.R. challenges the sufficiency of the evidence to support jurisdictional findings as to her daughter K.A. and her son I.R. J.R. challenges the sufficiency of the evidence to support the jurisdictional finding as to his son I.R. and contends that the dispositional order as to the child also must be reversed. He also challenges orders made on rehearing by the [907]juvenile court after the Los Angeles County Department of Children and Family Services (Department) sought rehearing of the dispositional order made by the referee. He argues that the rehearing was not held within the timeframe mandated by the California Rules of Court and therefore must be reversed.

In the published portion of this opinion we review the last of these contentions, and conclude that there is no basis for reversal because J.R. failed to demonstrate that he was prejudiced by the delay. In the unpublished portion of the opinion we find no error with respect to the issues raised. We shall affirm the order.

FACTUAL AND PROCEDURAL SUMMARY*

DISCUSSION

I-III*

IV

The juvenile court referee made dispositional orders on August 20, 2010. Department’s application for rehearing of the disposition order by a juvenile court judge was filed on August 26, 2010, and granted by operation of law on September 20, 2010, under California Rules of Court, rule 5.542(c) (rule 5.542). Under rule 5.542(e), a rehearing of matters other than a detention hearing heard before a referee “must be held within 10 court days after the rehearing is granted.” In an ex parte proceeding, the juvenile court set the rehearing for October 22, 2010. On September 21, 2010, at a hearing attended by counsel for the parties and minors, the juvenile court continued the rehearing to October 29, 2010.

J.R.’s challenge to the disposition orders made on rehearing on October 29 is that they were untimely under rule 5.542(e), because, by the time the orders were made on rehearing, the disposition orders had been final for over a month. He cites no authority for this proposition. To the contrary, California Rules of Court, rule 5.540(c) provides: “An order of a referee becomes final 10 calendar days after service of a copy of the order and findings under rule